What is dissemination of obscene material?

2009 Edition. DISSEMINATING OBSCENE MATTER. DISSEMINATING OBSCENE MATTER; POSSESSING OBSCENE MATTER TO DISSEMINATE. The defendant is charged with (disseminating obscene matter) (possessing obscene matter with the intent to disseminate it).

What is considered obscene material?

Obscenity refers to a narrow category of pornography that violates contemporary community standards and has no serious literary, artistic, political or scientific value. For adults at least, most pornography — material of a sexual nature that arouses many readers and viewers — receives constitutional protection.

What is distributing obscene material?

The distribution of obscene material to minors is a federal crime. Any transfer of obscene material or any attempt to transfer obscene material to a minor under age 16 is punishable by federal law. Additionally, attempting to transfer or transferring obscene material to minors via the internet is also illegal.

Is obscene material protected speech?

Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses. The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene.

What is dissemination information?

Information dissemination is the means by which facts are distributed to the public at large. The means by which people and various organizations distribute information has exploded within the last several decades.

What is dissemination in court?

Dissemination means the written, oral or electronic communication or transfer of criminal justice information to individuals and agencies other than the criminal justice agency that maintains the information. Dissemination includes the act of confirming the existence or nonexistence of criminal justice information.

What is obscene matter?

(a) “Obscene matter” means matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political.

What does obscene behavior mean?

Obscene Behavior means any physical activity of the human body, whether carried out alone or with other persons, including, but not limited to singing, talking, dancing, acting, pretending, or pantomiming which, as a whole, is considered by the average person and according to contemporary community standards to appeal …

How does the Supreme Court determine whether material is obscene?

By David L. Hudson Jr. The Miller Test is the primary legal test for determining whether expression constitutes obscenity. It is named after the U.S. Supreme Court’s decision in Miller v. California (1973).

What is considered obscene language?

For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person’s prurient interest; depict or describe sexual conduct in a “patently offensive” way; and, taken as a whole, lack serious literary, artistic, political or scientific value.

What is obscene speech?

Obscenity is a category of speech unprotected by the First Amendment. Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures.

What is health dissemination?

Dissemination is the targeted distribution of information and intervention materials to a specific public health or clinical practice audience. The intent is to spread knowledge and the associated evidence-based interventions.

Dissemination of Obscene Material. That the defendant knew of the obscene character of the matter. The type of material that is regulated by the crime of Dissemination of Obscene Material includes any printed material or visual representation, including but not limited to books, magazines, films, records, photographs, figures, and statues.

What is the penalty for disseminating obscene materials in Massachusetts?

In Massachusetts, it is unlawful to disseminate any matter which is obscene. General Laws Chapter 272, Section 29, punishes the crime of Dissemination of Obscene Material with imprisonment to the House of Corrections for up to 2.5 years, or to state prison for up to 5 years.

What is the crime of obscene materials?

That the defendant knew of the obscene character of the matter. The type of material that is regulated by the crime of Dissemination of Obscene Material includes any printed material or visual representation, including but not limited to books, magazines, films, records, photographs, figures, and statues.

What is obscenity of obscene matter?

Obscenity. Federal law makes it illegal to distribute, transport, sell, ship, mail, produce with intent to distribute or sell, or engage in a business of selling or trnsferring obscene matter. Convicted offenders face fines and imprisonment. Although the law generally does not criminalize the private possession of obscene matter,…